TITLE examining-boards

Part VIII. Texas Appraiser Licensing and Certification Board

Chapter 153. Provisions of the Texas Appraiser Licensing and Certification Act

22 TAC §153.20

The Texas Appraiser Licensing and Certification Board adopts an amendment to §153.20 relating to Guidelines for Revocation, Suspension or Denial of Licensure or Certification without change to the proposed text as published in the September 18, 1998, issue of the Texas Register (23 TexReg 9519) and will not be republished.

Specifically §153.20(e) was amended to restore language which was inadvertently deleted during rule revisions in the Spring of 1997. The reinstated language deals with requiring written complaints to initiate investigations, not accepting anonymous complaints, and the board's authority to initiate a complaint on its own motion.

No comments were received regarding the proposed amendment.

The amendment is adopted under the Powers and Duties of the Board, Texas Appraiser Licensing and Certification Act, §5 (Texas Civil Statutes, Article 6573a.2) which provides the Board with rulemaking authority.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 14, 1998.

Texas Appraiser Licensing and Certification Board

Effective date: January 3, 1999

Proposal publication date: September 18, 1998

For further information, please call: (512) 465-3950

Part XXIX. Texas Board of Professional Land Surveying

Chapter 663. Standards of Responsibility and Rules of Conduct

Subchapter B. Professional and Technical Standards

22 TAC §663.17

The Texas Board of Professional Land Surveying adopts an amendment to §663.17, concerning monumentation, without changes to the proposed text as published in the October 2, 1998, issue of the Texas Register (23 TexReg 9911) and will not be republished.

The amendment will provide a method for the public to identify the responsible registrant or associated employer who sets boundary corner monumentation.

Comments were received in favor and opposed to the rule as proposed. Those in favor of the proposed rule commented in regards to the type of mark required, which corners need such marked monumentation and/or clarification regarding the phrase, "Where practical".

The board's response to comments opposed to the proposed rule was "the surveyor must apply professional judgement to the fact situations presented with each surveyor to determine what is practical for the specific situation. Use of marked monumentation, where practical, will provide the public with a way to contact the surveyor if additional information is needed.

The amendment is adopted under Texas Civil Statutes, Article 5282c, §9, which provides the Texas Board of Professional Land Surveying with the authority to make and enforce all reasonable and necessary rules, regulations and bylaws not inconsistent with the Texas Constitution, the laws of this state, and this Act.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 21, 1998.

Executive Director

Texas Board of Professional Land Surveying

Effective date: January 10, 1999

Proposal publication date: October 2, 1998

For further information, please call: (512) 452-9427